Bombay High Court
RAOSAHEB ALIAS RAJENDRA DEVISING SHEKHAWATversusVijay Govindrao Nagpure
- Disposal
- DISPOSED OFF
Holding
The Court dispensed with the requirement of personal presence of respondents No.1 to 3, subject to any further direction.
Summary
The Court had earlier ordered that respondents No.1 to 3 must appear personally before it on 29 August 2026. The respondents' counsel informed the Court that he could not attend because a close relative had died on 28 August 2026, and that a reply had already been filed. The Court considered whether personal presence was mandatory despite the counsel's inability due to bereavement. It held that, in view of the circumstances, the requirement of personal presence could be waived unless the Court later directs otherwise. Consequently, the civil applications were disposed of, and the petitions were listed for further hearing on 6 October 2026.
Issues considered
- Whether a party or its counsel must be personally present before the Court despite a personal bereavement.
Subjects
- personal presence
- court order
- bereavement
- procedural law
- civil applications
Judgment
2026:BHC-AUG:42111
1 963 & 964.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10614 OF 2026
IN CP/745/2025
Raosaheb Alias Rajendra Devisingh Shekhwat
VERSUS
Chandrakant Ramdas Joshi
AND
CIVIL APPLICATION NO. 10615 OF 2026
IN CP/848/2025
Raosaheb Alias Rajendra Devising Shekhawat
VERSUS
Vijay Govindrao Nagpure
...
Advocate for Applicant : Mr. Parag V. Barde,
Advocate for Respondent : Mr. A.R. Syed
...
CORAM : ROHIT W. JOSHI, J.
DATED : SEPTEMBER 11, 2026
P.C.:
1. By order dated 29.08.2026, respondent nos.1 to 3 were
directed to remain personally present before the Court.
2. Learned advocate for respondent nos.1 to 3 states that he
could not remain present before the Court during the course of hearing
on 29.08.2026 due to demise of a near relative on 28.08.2026. Learned
advocate states that the reply is already filed by respondent nos.1 to 3.
3. In view of the above, presence of respondent nos.1 to 3 is
dispensed with unless otherwise directed.
4. Civil Applications are disposed of.
5. List the petitions for further consideration on 06.10.2026.
[ROHIT W. JOSHI J.]
Mujaheed//
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